National Board
21. The National Board shall consist of:
(a) The Chairman
(b) Four persons appointed by SELECT in accordance with Rule 2c.
(c) Four persons appointed by the Union in accordance with Rule 2d.
22. (a) Every appointment of any such member of the National Board as is referred to in Rule 21 (b) and (c) shall be made by SELECT or (as the case may be) Unite the Union by notice in writing addressed to the Secretary, signed by a duly authorised officer of SELECT or (as the case may be) the Union and delivered to the Office, to the intent that if at any time there is for any reason whatsoever any vacancy in the four members of the National Board referred to in Rule 21 (b) or (as the case may be) Rule 21 (c) SELECT or (as the case may be) Unite the Union may fill such vacancy in the aforesaid manner.
(b) Every year, two of the members appointed under Rule 21 (b) and two of the members appointed under Rule 21 (c) shall retire from Office.
(c) The members to retire in every year shall be those who have been longest in office since their last appointment, but as between those who became members on the same day those to retire shall (unless they otherwise agree among themselves) be determined by ballot.
(d) A retiring member shall be eligible for re-appointment by SELECT or (as the case may be) the Unite the Union for a period of two years.
(e) SELECT or (as the case may be) Unite the Union shall fill the vacated office or offices by appointing a person or persons thereto, but so that nevertheless SELECT or (as the case may be) Unite the Union may at any time and from time to time in its absolute discretion remove from office any member of the National Board appointed by it, pursuant to Rule 21 (b) or (as the case may be) Rule 21 (c) by notice in writing addressed to the Secretary, signed by a duly authorised officer of SELECT or (as the case may be) Unite the Union and delivered to the Office.
(f) All appointments and removals of members of the National Board made in accordance with this Rule shall take effect when the notice in writing thereof shall be delivered to the Office.
(g) SELECT and Unite the Union shall each be entitled to appoint one person as an alternative member to act in the place of their appointed members of the National Board. Such alternative members shall be entitled to receive agendas and minutes of the meetings of the National Board and to attend at such meetings and vote when a person or persons appointed by SELECT or (as the case may be) Unite the Union in accordance with this Rule shall be unable to attend such meetings.
23. Any such member of the National Board as is referred to in Rule 21 (b) and (c) shall be entitled to resign from his office as such by giving not less than fourteen days notice in writing of his intended resignation to the Secretary, in which event he shall cease to hold his said office at the expiration of such notice but not before.
Powers of the National Board
24. The supreme executive authority of the Scottish Joint Industry Board shall be the National Board, which shall be responsible for the management of the business of the Scottish Joint Industry Board and the mode of expenditure of the funds of the Scottish Joint Industry Board and which, in addition to exercising the powers, discretions and authorities expressly conferred on the National Board by these Rules, may exercise all such powers, objects and discretions of the Scottish Joint Industry Board, and do all such acts and things as may be exercised and done by or on behalf of the Scottish Joint Industry Board, but subject nevertheless to the provisions of these Rules and of the bye-laws.
25. Subject to the provisions of Rule 29 the members of the National Board may act notwithstanding any vacancy or vacancies for the time being existing on the National Board.
Proceedings of the National Board
26. The National Board shall hold a meeting at least once in every year and at such other time or times as the National Board shall determine.
27. On the request at any time of the Chairman or any three members of the National Board the Secretary shall forthwith summon a meeting of the National Board.
28. Subject to the provisions of Rules 65, 66, 67 and 69, not less than seven clear days notice in writing of every meeting of the National Board shall be given to all members of the National Board.
29. (a) The Quorum necessary for the transaction of the business of the National Board shall be seven members thereof including the Chairman, of whom at least three members shall be persons appointed by SELECT and at least three members shall be persons appointed by Unite the Union or such other number of members thereof as the National Board may from time to time prescribe.
(b) Any meeting of the National Board at which a quorum is present shall be competent to exercise all the powers, authorities and discretions for the time being vested in the National Board.
30. Subject to the provisions of Rule 31 on every resolution or decision proposed at any meeting of the National Board each member thereof who is present shall have one vote.
31. Subject always to Rules 65, 66, 67 and 69, any resolution or decision proposed at any meeting of the National Board shall be deemed to have been effectively passed or made if it is passed or made by a simple majority of the votes cast at such a meeting. In the event of an equality of votes the Chairman shall have a casting vote.
32. At every meeting of the National Board the Chairman shall be the Chairman thereof, but if the Chairman is not present or if the office of Chairman is for the time being vacant, the members of the National Board present may elect one of their number to be Chairman of that meeting and in that case in the event of an equality of votes the Chairman shall have a second or casting vote.
33. Subject to the provisions of these Rules, the National Board may meet together for the dispatch of business, adjourn and otherwise regulate its meetings as it may from time to time decide.
34. All acts bona fide done by any meeting of the National Board, or by any person acting as a member thereof, shall notwithstanding that it afterwards be discovered that there was some defect in the appointment or continuance in office of any such person as aforesaid, be as valid as if every such person had been duly appointed or had duly continued in office.
35. The National Board shall cause proper minutes to be made of all appointments of officers made by it and of the proceedings of and business transacted at all its meetings and any such minutes of any of its meetings, if signed by the Chairman thereof, or by the Chairman of the next succeeding meeting, shall be sufficient evidence without any further proof of the facts therein stated.